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(영문) 대구지방법원 김천지원 2016.09.21 2016고단629
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2016, around 00:05, at the top of the parking lot C located in Gumi-si B, the Defendant was under the influence of alcohol 0.115% while driving the D car while driving the D car at the level of alcohol 0.15% during blood, and was under the influence of alcohol by the police officers belonging to the Gumi police station E zone in the Gumi-si Police Station E zone where drinking was under the influence of alcohol at the same time and became under the control of drinking.

The Defendant returned to the control site in response to the complaint, and expressed the desire to “I am I k I k I am I k I am I k I am I am I am I am I am I am I am I am I am I am you am you am you am you am you am you am you am, the victim F, who is the police officer belonging to the above district

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the drinking control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (related to violence, booms, and video images);

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of photographs, etc.);

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the sentencing guidelines] The basic area (Interference with the execution of public duties and coercion of duties) shall be limited to the category 1 (Interference with the execution of public duties and coercion of duties).

2. In this case, a sentence of sentence is an unfavorable circumstance to the Defendant, such as the following: (a) the nature of the crime is not good; (b) the establishment of the state’s legal order and the need to strictly punish a crime interfering with the performance of official duties in order to eradicate the light of the public authority: (c) the occurrence of an assault against a police officer who is performing legitimate duties.

However, there is no record of criminal punishment or criminal punishment exceeding a fine prior to the fact that the defendant acknowledges the crime of this case and reflects the mistake thereof in depth, etc., which are favorable to the defendant.

The above circumstances and the age, sex, environment, etc. of the defendant.

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